If the other driver's insurer will not pay, what do I do?

First you must make a written claim to the insurer, because without it a court claim will not be admitted. The insurer has three months to make you a reasoned offer, the “oferta motivada”, or, if it does not pay, to give you a reasoned reply explaining why. If you do not agree with the offer or the insurer denies that the accident caused you any injury, you can ask the “Instituto de Medicina Legal”, the public forensic medicine institute, for a report at the expense of the insurer, which then has one month to make you a new offer. If there is still no agreement, you can go to mediation or sue. You have one year to do so, a period that starts again when you are notified of the offer or the reasoned reply.

Alburquerque Abogados

José Manuel Alburquerque
Insurance law

The prior claim

  • In writing and by a means that provides proof of delivery, such as a “burofax”, a certified letter with proof of content, to the insurer of the vehicle responsible. Give your details, how the accident happened, the vehicle and the driver if you know them and any medical and expert reports you have.
  • You do not need to state an amount.
  • A copy of the police report is free for injured parties.

If you do not agree

  • You can ask the forensic medicine institute for a report even if the insurer does not agree. The insurer pays for it. You will be examined within three months and the report is issued within one month.
  • You can go to mediation with a professional who specialises in traffic accidents.
  • You can sue, attaching the reasoned offer or reasoned reply, or your claim if there was no reply. The “Audiencia Provincial” of Barcelona, the provincial appeal court, takes the view that, in traffic accidents, that claim already counts as the attempt at negotiation that the law requires before suing.
  • If your policy includes legal expenses cover or damage claims cover, your insurer can handle the claim and pay for the lawyer and the experts.

Time limits and interest

The time limit for suing is one year, including in Catalonia. The claim interrupts it and, when you are notified of the offer or the reasoned reply, a new year begins. If the insurer does not make the offer within three months without good reason, it owes late-payment interest. If you accept the offer, the insurer has five days to pay it. If it does not, it also owes interest.

This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.